The defendant shall be innocent.

1. On July 25, 2017, at around 00:55, the Defendant driven a G K5 passenger car (hereinafter “the instant car”) under the influence of alcohol leveling of about 0.140% in a distance of about 300 meters from the front road located in Ulsan-gu Seoul Metropolitan Government C to the front road located in the same Gu.

2. Legal doctrine

A. Emergency evacuation under Article 22(1) of the Criminal Act refers to the act of considerable reason to avoid the present danger to his or another person’s legal interest. Here, “the act of escape with considerable reason” should be the only means to protect the legal interests at risk, and the first act of escape should be the only means to protect the legal interests at risk, second, the third act of escape should be the one causing the largest damage to the victim. Third, the benefit preserved by the act of escape should be more superior to the benefit that is infringed. Fourth, the act of escape must be the appropriate means in light of social ethics and the overall spirit of legal order (see Supreme Court Decision 2005Do9396, Apr. 13, 206).